Fauquier County Annulment Lawyer — Is Your Marriage Eligible to Be Voided?
An annulment legally declares a marriage void from its start, unlike a divorce which ends a valid union. In Fauquier County, Virginia, grounds for annulment are strict and defined by statute, such as bigamy, incest, or underage marriage without consent.
Last verified: April 2026 | Fauquier County General District Court | Virginia General Assembly
Virginia Annulment Law and Grounds
Virginia law provides specific, limited grounds for annulment, which are categorized as either void or voidable marriages. A void marriage is one that is invalid from the outset, such as a marriage where one party was already legally married (bigamy) or the parties are close blood relatives. A voidable marriage is one that can be annulled by a court due to a defect that existed at the time of the marriage, like fraud, duress, or physical incapacity. Successfully filing a marriage annulment petition requires clear and convincing evidence of one of these statutory grounds. The process is handled in the Fauquier County Circuit Court, located at 6 Court Street in Warrenton.
For official state law, refer to the Virginia Code sections on marriage (Title 20, Chapter 2). For local court procedures, visit the Fauquier County Circuit Court website.
The Annulment Process in Fauquier County Circuit Court
Seeking an annulment involves distinct legal steps. A void marriage lawyer in Fauquier County can guide you through filing a formal complaint, serving the other party, and presenting evidence at a hearing. The court will examine whether the marriage meets one of the narrow grounds for annulment under Virginia law.
- Consult with an attorney to review your situation and identify potential grounds for annulment.
- Your attorney files a Complaint for Annulment with the Fauquier County Circuit Court clerk.
- The other spouse is formally served with the complaint and has an opportunity to respond.
- Both parties may engage in discovery, exchanging evidence and information.
- If the case is not resolved, a court hearing is held where evidence is presented.
- The judge issues a final decree of annulment if the legal grounds are proven.
Potential Outcomes and Considerations
In Fauquier County, an annulment, if granted, legally erases the marriage as if it never existed, which can affect property division, spousal support, and the legitimacy of children differently than a divorce.
Unlike divorce, there is no statutory waiting period for an annulment based on void grounds like bigamy. However, for voidable grounds, you must generally file within a reasonable time after discovering the defect. Property division after an annulment is not governed by Virginia’s equitable distribution statute (Va. Code § 20-107.3) but rather by principles of equitable restitution. Children born of an annulled marriage are still considered legitimate under Virginia law.
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Annulment Case
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to complex family law matters. Our firm has a documented record of 4,739+ case results with a 93%+ favorable outcome rate firm-wide. Mr. Sris personally played a role in amending Virginia’s key equitable distribution statute, Va. Code § 20-107.3, demonstrating deep involvement in the evolution of Virginia family law.
Samantha Rae Powers, Associate Attorney at Law Offices Of SRIS, P.C. — Licensed in VA, FL. Experienced family law and civil litigator. View Samantha Rae Powers’s Profile
Case Results in Fauquier County
Our firm has achieved 73 total documented case results across all practice areas in Fauquier County with a 97% favorable outcome rate. For example, our team has successfully resolved complex family law matters involving intricate factual disputes. Mr. Sris, with his background in accounting and information systems, provides a strategic advantage in cases requiring detailed financial analysis.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Fauquier County Annulment Lawyers
Our Fairfax location serves clients in Fauquier County. We are accessible via I-66, Route 29, and Route 17, representing clients at the Fauquier County courts in Warrenton.
Annulment lawyer near Fauquier County serving Warrenton, New Baltimore, Bealeton, Marshall, and The Plains.
24/7 phone consultations — meetings by appointment only.
Law Offices Of SRIS, P.C.
4008 Williamsburg Ct, Fairfax, VA 22032, United States
Toll-Free: (888) 437-7747 | Local: (703) 636-5417
By appointment only.
Fauquier County Annulment FAQs
What is the difference between an annulment and a divorce in Virginia?
Yes. A divorce ends a legally valid marriage. An annulment is a legal decree that a marriage was invalid from the beginning (void) or is subject to being canceled (voidable) due to specific grounds like fraud, bigamy, or incapacity at the time of the marriage.
How long do I have to file for an annulment in Virginia?
It depends on the grounds. For void marriages (e.g., bigamy), there is no time limit. For voidable grounds like fraud or force, you must generally file within a reasonable time after discovering the defect or being free from duress. An attorney can advise on the specific timeline for your situation.
What are the most common grounds for an annulment?
Common grounds include bigamy (one spouse was already married), incest, underage marriage without proper consent, lack of mental capacity, fraud going to the essence of the marriage, and physical incapacity to consummate the marriage that is incurable and unknown to the other party.
Do I need a lawyer to get an annulment in Fauquier County?
Yes. The legal standards are high and the process is complex. An experienced annulment lawyer in Fauquier County can gather necessary evidence, file the correct pleadings with the Circuit Court, and advocate for you to prove the marriage meets the strict legal requirements for an annulment.
What happens to property and debts after an annulment?
Since an annulment treats the marriage as never existing, Virginia’s equitable distribution laws do not apply. Instead, the court uses principles of equity and restitution to divide property and debts, aiming to return parties to their pre-marriage financial positions as much as possible.
For more information, see our Virginia Family Law hub page. We also assist with criminal defense in Fauquier County and DUI defense in Fauquier County.